Judicial system in India

Judicial system in India

The judicial system or court system is also known as the judiciary system. The court has the power to decide and enforce the law, resolve disputes. The judicial system or judiciary consists of judges and other magistrates; they form the bench or core of the judiciary system.

The judiciary (also known as the judicial system,  judicial branch, and court or judiciary system) is the system of courts that adjudicates legal disputes and interprets, defends and applies law in legal cases.

On 26 January 1950, the Indian Constitution was written and it was the largest constitution in the world. The constitution is the source of law in India and also the supreme law of India. The judicial system of India consists of Supreme Court, High Court, District Court or Subordinate Court.

Supreme court of India

The Supreme Court is the last court of appeal under the Constitution of India. There are therefore Chief Justices of India including 30 judges and other judges for advisory jurisdiction. There is a level up to the Supreme Court to reclaim justice in unsolved or still contested cases. If the Supreme Court declares a law then it is binding on other courts of all states and union territories. There are 15 court rooms in each court building.

The eligibility to become a judge of a supreme court of India is: –

• Judge in a High Court or above, for a minimum period of 5 years or advocate in a high court for a minimum of 10 years in a High Court.
• A distinguished judge in the opinion of the President of India.

High courts of India

Under the constitution of India, each state should have a High Court. Mumbai High Court is the oldest High Court of India. Each High Court has 94 judges, of which 71 are permanent and 23 are additional judges. The High Court deals with economic issues and legal documentation. These courts also have an additional group of legal professionals.

Eligibility for a High Court Judge is as follows: –

• He should be a citizen of India.
• An advocate must have at least 10 years of practice in any court.

District courts of India

Under the Constitution of India, district courts or subordinate courts are subordinate to the High Court. District courts are set up according to the population distribution of the district and the state. It deals with the civil and criminal cases of the district. A law declared by a district court applies to all subordinate courts. Since the District Court is at a higher grade level.

The judge is eligible in the district court: –

• He should be a citizen of India.
• A lawyer must have at least 7 years of practice.

Hierarchy of courts in India

The hierarchy of courts in India is as follows: –

• Supreme court
• High court
• District court and Additional district court
• Subordinate judge class-1
• Subordinate judge class-2
• Court of small causes in Metropolitan cities
• Munsif’s court or court of sub judge 3^rd class

1. The District Court of India is established by the Government of India for one district or more than one district keeping in mind the number of cases, population distribution in each district. These courts are under the administrative control of the High Court of the state, which belongs to the district concerned. The District Court is headed by a District Judge appointed by the State Government. In addition to the District Judge, there are several additional District Judges and Assistant District Judges depending on the workload.
2. In every state, there are number of judicial courts for judicial system other than high court. These courts function under the full control and supervision of the High Court. A state has received specific legislation to determine the constituent organization and territorial jurisdiction of all courts subordinate to the High Court. The organization of subordinate co-workers throughout the country is generally uniform. There are two types of law courts in each district: –
   • Civil Court
   • Criminal Court
3. The District Court judges is the highest civil court of a district. It exercises both judicial and administrative powers. Courts have superintendence power under it. The District Judge’s Court is located at the district headquarters. It has the power to try both civil and criminal cases. He is thus designated as District and Sessions Judge.
4. Below the District Judge’s court are the courts of the Sub-Judge, Additional Sub-Judge and Munsif Courts, which are located in the Sub-Division and District Headquarters. Most civil cases are filed in Munsif’s court. An appeal may be made from the court of the Munsif to the court of the Deputy Judge or Additional Deputy Judge. Appeals from the courts of sub-judges and additional sub-judges shall be to the District Court.

Jurisdiction of courts in India

Jurisdiction means to what extent a court can exercise its power and to try litigation, appeals and applications. In its technical sense, this means that the jurisdiction of the Court of Rights is not only in terms of the subject matter of the lawsuit, but also in terms of the local and economic boundaries of its jurisdiction.

Administration of justice is the most important function of the state. For this purpose our Constitution has established various sections of courts. The Supreme Court is the supreme body, followed by 21 High Courts created by the Constitution of India, and their jurisdiction and powers are well defined in the Constitution.

Apart from the Supreme Court and the High Courts, the following criminal courts are described under Section 6 of the Code of Criminal Procedure, 1973:  –

• Court of Session
• Judicial Magistrate of first class and, in any metropolitan area metropolitan magistrates
• Judicial Magistrates of Second Class
• Executive Magistrates

Types of jurisdiction of courts in India

Jurisdiction can be classified as follows: –

1. Subject Jurisdiction: – It can be defined as the authority vested in the court to hear special types of cases and to hear matters related to a particular subject.
2. Territorial Jurisdiction: – The court may decide within the geographical range of authority of a court and it cannot exercise authority beyond that territorial and geographical range.
3. Pecuniary Jurisdiction: – Pecuniary Jurisdiction deals with money, whether the court can hear the case and the value of the case/amount of the case or the cases.
4. Appellate Jurisdiction: – It refers to the authority of a court to reconsider or review a case that has already been decided by a lower court. Appellate jurisdiction is usually vested in the High Courts. In India, both the High Courts and the Supreme Court have jurisdiction to hear cases which are brought as appeals. They can either overturn the lower court’s decision or uphold it.